According to the announcements of the Ministry of Finance presented by the Undersecretary of State of the Ministry of Finance, Jan Sarnowski, during the XII Transfer Pricing Forum, changes in the transfer pricing as part of the Polish Order are planned.

According to the announcement there will be:

1) change of transfer pricing reporting deadlines in 2022.

a) preparing local file – by the end of the 10th month after the tax year in which the obligation to prepare tax documentation arose,

b) sending TPR information – by the end of the 11th month after the tax year in which the obligation to prepare tax documentation arose.

2) Exemption from the obligation to prepare comparative analyses for taxpayers meeting simultaneously 2 conditions:

a) employment of less than 50 employees,

b) annual turnover or annual balance sheet below EUR 10 million.

The new preference will also cover transactions with entities within the limit of 500 000.00 PLN.

3) Extension from 7 days to 14 days of the deadline for submitting transfer pricing documentation to the authorities. The deadline shall be counted from the date of delivery of the request.

4) Resignation from the statement on preparation of transfer pricing documentation; the taxpayer will be obliged to inform about the preparation of the documentation in the TPR information.

5) Exemption from the obligation to prepare local transfer pricing documentation for safe harbour and simple cost re-invoicing.

In addition, it was announced that the rules for Polish taxpayers to benefit from the ICAP will soon be published.

ICAP is a voluntary cooperation programme that targets multinational companies and tax administrations in a joint risk assessment process through active, efficient and transparent cooperation between taxpayers and tax administrations.

The next call for proposals will run until 30 September this year. The next two deadlines are 31 March 2022 and 30 September 2022.

The Key Entities Department will be responsible for the implementation of the Programme.

As of today, 22 tax administrations have confirmed their participation in the ICAP Programme. Canada, Colombia, Denmark, Finland, France, Germany, Ireland, Italy, Japan, Luxembourg, Netherlands, Norway, Russia, Singapore, Spain, United Kingdom, United States.


Author: Beata Rawa – Transfer Pricing Manager